RIGGS, Judge.
Defendant appeals his conviction for driving under the influence of intoxicants. ORS 813.010. He argues that he should not have been retried a third time for the same offense, because there was prosecutorial misconduct. We affirm.
At the first trial, during the prosecutor's direct examination of the arresting police officer, the witness mentioned that defendant refused to perform field sobriety tests. The court granted a mistrial, after finding...
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